Murder… Betrayal… Aluminum

Wasted By John B Barry_Slide_2MURDER…BETRAYAL…ALUMINUM
A review of Wasted, a new novel about recycling set in Berkeley
By Daniel Knapp, Urban Ore
In John Byrne Barry’s second “Green Noir” mystery Wasted (the first was Bones in the Wash), a recycler in a company called Recycle Berkeley (Re-Be) is found mashed inside an export bale of aluminum cans at Berkeley’s transfer station. The recycler, one of Re-Be’s most passionate defenders, is dead. He didn’t get there by himself. Someone had to operate the baler, put him in it. Was it about Re-Be or was it personal? Who killed him? Who operated the baler?

At the beginning of the story, out and about on Berkeley’s gritty flatland streets at 5am, Brian Hunter temporarily escapes his boring day job as a contract bookkeeper to become a freelance reporter. His friend Doug, who drives a collection truck for Re-Be, has told him a small army of people are out every night stealing aluminum cans from Re-Be’s curbside routes. The financial impact is large. To follow the story, Brian decides to become a poacher himself. Doug gives him a route map so he can go in ahead of the collection trucks.

The first poacher he meets is unfriendly one moment, violent the next. Thinking Brian is a liar threatening his stash of cans, the poacher whacks the would-be reporter with a board. Brian howls in pain but doesn’t fight back. The two men take a break from these exertions for some talk over a couple of cans of warm beer the poacher has scored. Brian learns that poachers must have “sponsors.” This poacher offers to sponsor Brian. Brian accepts.

From then on, we’re in a strangely fictionalized but recognizable hall of mirrors that is the lot of people who actually do the work of collecting and processing all those cans and bottles. The author knows his stuff; he used to be on the board of directors of the nonprofit that does Berkeley’s curbside collection, although another nonprofit company processes the materials. In Wasted, they are merged.

Structural conflicts abound both in the novel and in real life. Poachers take the valuable aluminum and leave the rest for Re-Be. Income-deprived, Re-Be is sliding toward bankruptcy. Brian learns that Re-Be has fallen behind three months in rent to the City. He finds the politicians embarrassed and scared because Re-Be holds an exclusive City contract for curbside collection services. But City staff haven’t paid Re-Be’s service fees for months. A City Council member wants to hand Re-Be’s contract to another company. Re-Be’s managers and board battle desperately to keep the nonprofit afloat. Supporters, some armed with dubious tactics, flock to Re-Be’s defense in a press event and later in a big demonstration.

Consolidated Scavenger, a multinational waste company with a transfer station in a city to the south of Berkeley, is a big presence, willing and able to take over Re-Be’s contract. Consolidated, or “Con,” has friends in Berkeley’s high places but not so many on the street.

Just before Brian discovers the body of his friend Doug, he tells his editor how his story about poaching has morphed into something much bigger: “One power struggle mirrors another. At stake, a million-dollar…contract, the city council majority, and…the soul of Berkeley. Add sex and stir.” She says, “That’s not the story you turned in [yesterday].” Brian replies, “That’s right. But it’s the one you’ll get in two hours.”

Doug creates an upset by crashing and ruining a big celebration intended to help Re-Be. What he does leaves everyone embarrassed, confused and hating him. The unrest makes headlines around the world. As Brian tells it, “The media loves to trivialize Berkeley….many of the embryonic movements and trends nurtured here – from free speech to recycling to divestment from South Africa – have become mainstream, but the ‘only in Berkeley’ gibe never seems to go out of style.”

Besides losing the aluminum to poachers, Re-Be is losing some of its best workers to Con. Con pays better, but that’s not all. Some staff are fed up with the “kitchen-table collective” culture of Re-Be, so there are divided loyalties even before Doug’s death. The murder cleaves these loyalties into ever smaller bits.

Brian keeps following leads and trying to protect his sources while cooperating with the police, and we are carried along at a gallop. He loses lots of sleep staying just ahead of other writers who flock to the story. He falls in love with one of the female suspects and reflects on the proper relations between observer and observed. Cool detachment is impossible. He’s inside the story and outside it at the same time.

When the City tries to evict Re-Be, and when Re-Be refuses to go, the City breaks into its site at night and disables its baler. That break-in is one of the events that actually happened in Berkeley’s history. Moreover, a woman whose name begins with “K” (Kathy Evans in reality; in the novel she’s Kisa) finds a replacement part during the night, and the baler is up and running defiantly the very next day.

For fun, I made a list of all the direct parallels to the real story of Berkeley’s recycling. So far there are more than 20.

Which leads to a caution: beyond property damage, Berkeley’s recycling has never been marked by murderous violence. The skeleton of facts that Wasted assembles have been taken out of their actual context, rearranged, renamed, tilted and jumbled to serve the needs of the mystery, not history.

Recyclers have often had to defend their contracts and businesses. To resolve issues they have rarely resorted to demonstrations. Instead, they have written recycling-friendly laws and regulations that voters or City Council have strongly approved. For example, the first citizens’ initiative of three that were written all or in part by Berkeley recyclers stopped procurement on a garbage-burning power plant that City Council had already approved in concept unanimously. This citizens’ victory over their own electeds and the solid waste profession put Berkeley at the forefront of city or county burn-plant rejections that eventually totaled seven in our region alone, and hundreds around the USA. It also started a real-life multi-year no-holds-barred local political struggle. But no humans were mortally harmed.

For those already familiar with Berkeley’s tangled relations with its recyclers, Wasted can be an eerie and unsettling read. Others will enjoy learning a lot about recycling’s dark side while our hero reasons and guesses his way along a twisted trail to find the culprit.

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Regulating Unstaffed Collection Bins

MOORE’S MUSINGS
A semi-monthly feature, exclusive to NCRA News, from NCRA general counsel and board member John Moore, concerning recent legal decisions relating in some manner to Zero Waste.

REGULATING CLOTHES COLLECTION BOXES

Another regulatory action designed to block recycling
By John D. Moore, NCRA Vice President and Legal Counsel, Henn, Etzel & Moore, Inc.
Oakland has now joined an ever-growing list of cities requiring a clothing bin collection company to obtain the written consent of the property owner, not the occupant, to place the box. I would bet not one staff member or elected of any jurisdiction imposing this law has ever tried to obtain consent of a property owner. These regulators don’t understand how difficult this process is. The result of this kind of ordinance is that there will be fewer clothes collection bins and less textile recycling, all directly in conflict with Zero Waste ordinances, County Measure D, and AB 939.

In my law practice I have negotiated well more than 50 commercial leases, usually representing the tenant/business owner. For a company desiring to place a clothes collection bin on a commercial premises, this is what they would need to overcome to obtain the property owner’s written consent. Please put yourself in the shoes of the clothes bin business and consider:

1. First you have to know who the owner is. The tenant may not know (especially if there is a property manager between the landlord and the tenant) or may not want to tell the box provider, leaving a search of the County assessor’s records as the only option left;

2. Even when you know the name and address of the owner, you don’t necessarily know who the contact person and/or decision maker is in that organization. It can take a lot of phone time to find the right person when you are cold-calling a business. The assessor’s records won’t tell you who to contact. The tenant in possession of where the box is to be placed may or may not know this information and may or may not be willing to provide it. Most commercial tenants want as little to do with their landlord as possible. Once a landlord knows that a tenant wants something (signed consent), it changes the landlord/tenant dynamic, and not for the good of the tenant.

3. Even if the clothes bin company ascertains the contact person for the owner, getting a signed consent is a formidable task. Landlords do not sign consents at will or whimsy. Landlords first wonder about possible liability, whether the tenant has insurance, whether this tenant is following the lease, and a host of other concerns, which often result in consent conditions being negotiated with the tenant, who has no vested interest in the outcome.

4. Even if the bin company finds a contact person willing to have the consent signed, many organizations have decision-making hierarchies that must be followed. Publicly traded REITs (real estate investment trust) own lots of commercial realty. As a publicly traded entity it has internal governance and regulatory rules it must follow before executing a consent.

Let me give one example: On my way to work each morning I pass a Chevron station on Grand Avenue in Oakland that has a box owned by US Again. Let’s say I need to get the owner consent to place that bin. In trying to get the property owner address, I can fairly assume three things right away: 1) the occupant is a franchisee of Chevron; 2) the occupant likely has no relationship with the property owner- leases are typically negotiated directly by the franchisor; and 3) the person on duty operating the Chevron during the day is unlikely to be the franchisee. So, I have to find out the contact information for the franchise holder and ask them to ask their franchisor for the property owner contact information. Why would the franchisee want to help? There is no real benefit to the franchisee in asking for something from the franchisor. Even if I got the franchisor contact information, why would the franchisor want to give me the contact information for the property owner? They wouldn’t. They have no stake in placing a collection box.

It used to be that one could find out the name of the property owner online via the Alameda County Tax Assessor. No longer. You must go to the office in person to do so. I spent 30 or so minutes trying to find ownership information through a private service, giving out my contact information in the process so I could get spammed later, but was unsuccessful and gave up. I could pay a service to find the information or I could go in person to the Tax Collector office to search for ownership but in either case I would not be much closer to satisfying the regulator.

Even if I were to get the owner’s name and billing address for the tax collection (what a private service is likely to find), I would have a long struggle from there to find the business office for the owner and talk my way to a person who could tell me who needs to sign a consent for the placement of the bin. Now the hardest part yet is to convince that person to give a signed consent.

Needless to say, this process of collecting a property owner signature requires a huge time commitment and amount of diligence for a bin company just to place one box. The result will be the placement of fewer boxes. That result means less textiles are recycled and more textiles are landfilled, an outcome that conflicts with established state policy.

I have no quarrel with wanting these collection boxes and commercial premises to be kept clean and clear of blight. I also have no quarrel with regulation of financial responsibility of both the bin company and the tenant in possession. Regulation of these aspects of clothes collection does not require onerous and recycling-diminishing laws that require a paper signature from a property owner as a condition of placement of the bin. Requiring a signed consent from the occupant of the property and permit conditions about blight and insurance should be satisfactory protection for the city.

All the owner-signature requirement does is create a huge barrier to entry of the market, reduces recycling, and grants economic protectionism to the advocates of this law, Goodwill and Salvation Army. This should be off limits to regulators.

Marine Plastics Washed Ashore; An Opportunity?

By John Hanscom, John T. Hanscom Consulting
On a recent visit to Roatan, Honduras, I was staying at a seaside resort. One evening I took a walk along the shore and began to gather plastic along the way. A lot had accumulated so I asked the hotel for large plastic bags to help with my efforts. I collected two bagfuls of plastic that first evening and three more over the following two days.

The main types of plastic that had washed up were beverage bottles, nets, marine foam from buoys and other flotation equipment and, interestingly, a considerable number of sandals and flip-flops. Bottles were a particular problem because some were so brittle that they would shatter with the slightest pressure. I had to put many carefully into the bag with both hands to keep them from crumbling into small, unrecoverable pieces.

The potability of tap water from island wells is variable, so upon check-in guests are given three bottles of water, labeled with the name of the resort as a promotional item. Three more are waiting in the guest room. Every day, housekeeping provides three new bottles. Each of the 80 occupied rooms receives 24 bottles in one week. That’s potentially 100,000 bottles a year!

I brought this problem to the attention of the resort general manager. I made the contrast between his manicured, man-made white sand beach lagoon that is cleaned daily by his staff and the plastic-littered shoreline on the other side of the protective seawall. I suggested that he perhaps dedicate one of his lagoon clean-up staff to walk along the shoreline and gather up plastic twice a week. Furthermore, I encouraged him to challenge his neighboring resorts along the coast to do the same.

The plastic that I cleaned up was mainly in front of the resort where I was staying. But the plastic litter continued on all the way up and down the coast. Where the plastic contamination stopped was at a resort up the coast that does clean its shoreline and, instead of providing water bottles each day, they provide reusable drinking containers to be refilled at water stations around their property.

I mentioned to the general manager the perceived environmental liability that comes from contributing to the contamination of the very shoreline that tourists travel from around the world to enjoy. I acknowledged that the majority of the plastic was not from his resort, and possibly much of it was not even from the island itself.

Collection of these caches of shoreline plastic seems like an opportunity to directly impact marine debris in an effective manner. It would also allow this and other resorts to be part of the solution to reducing marine plastics by demonstrating that they are preserving the very resource/attraction that tourists come to see.

WHOIS: John T. Hanscom is an environmental planner with over 20 years of managing and implementing waste reduction, recycling and organics programs. His experience as an MRF operations manager, public sector recycling program manager and independent consultant includes all levels of outreach and education, discard characterizations, C&D facility assessments and compliance with mandatory recycling ordinances. He is also trained to provide EnergyStar Benchmarking for commercial buildings and evaluate energy conservation measures. He is bilingual in English and Spanish.

NCRA Response to NYT’s Op-Ed

Dear NYT Editors:

When the CEO of Waste Management, one of the largest haulers and landfill operators in the world, serves as the sole industry representative consulted about the future of recycling, readers can rightfully suspect they’re not getting the full story. In John Tierney’s Op-Ed piece, “The Reign of Recycling,” the irony of the question, “Is recycling wasteful?”, is that “waste” is what happens when discarded materials are not appreciated for the value they represent to our economy as the building blocks for new products.

The answer to his question is quite simple: No, recycling is not wasteful, but given his way, Tierney will do what he can to ensure that’s where it’s headed. Instead of cherry-picking “facts” that downplay the significance of recycling 10 of billions of beverage containers or the impact of avoiding thousands of tons of greenhouse gases being emitted through recycling food scraps, he implies it would be better to throw them out because it takes too much time to sort them!

Why not call for products that are more easily recyclable or made from component parts to aid in the recycling process? Why not build more recycling infrastructure within the U.S. to avoid the volatility of global markets?

The Northern California Recycling Association, a 37 year old recycling trade association working to promote waste diversion, recycling and Zero Waste, welcomes the opportunity to provide an alternative viewpoint painting a truer picture of what is happening in the recycling movement than that offered by Mr. Tierney and the landfill industry he seems to be supporting.

NCRA Response To Fortune Magazine

Dear Editor:

The Northern California Recycling Association (NCRA) appreciates that Fortune’s September 3 article

“The American recycling business is a mess: Can Big Waste fix it?” highlighted the challenges posed to the overall recycling industry by the cyclical global downturn in commodity prices. The article also correctly diagnosed the problems with the prevalent single-stream curbside recycling method. We would like to respond to your statement that “the business of recycling is due for a paradigm shift” by proffering ideas that advocate for just that:

Recycling is Not Free: The value of recyclables does not cover the entire cost to collect recyclables at the curb and separate them at a processing facility. This is especially true now that global markets for recyclable commodities are depressed. However, just because curbside recycling isn’t free, doesn’t mean it’s not worth doing. NCRA firmly believes that the benefits of recycling far outweigh the costs, and would encourage customers and communities to keep recycling even when it costs more.

Drop It Off, Take it Back: An alternative to paying hauling companies more to collect and separate recyclables is to develop systems that encourage consumers to separate their own recyclables and transport them to local recycling centers or back to the retail stores where they bought the original products.

More Deposits, More Returns: NCRA supports “bottle bills” and similar legislation that provide consumers with a financial incentive to recycle. Deposit programs can help fund curbside recycling programs and recycling centers and can be applied to many more materials than just bottles and cans.

Beyond Recycling, Zero Waste: Recycling is just one part of the solution. Ultimately we need to strive for Zero Waste. This means designing and managing products and processes to systematically avoid and eliminate the volume and toxicity of waste and materials, conserve and recover all resources, and not burn or bury them.

Re-design, Re-manufacture: As mentioned in your article, one method to improve recyclables commodities markets is to require manufactures to utilize recycled materials in their products.   Additionally, Extended Producer Responsibility (EPR), which requires manufacturers to take responsibility for recycling their products after use, has to potential to incentivize product redesign resulting in more easily recycled goods.

Organics Landfill Ban: Another strategy is to ban certain materials from disposal, either at the landfill or the curb, and then allow the market to provide alternatives to disposal.   Ultimately, all organic materials (food scraps, yard trimmings, paper, wood, etc.) should be banned from disposal in landfills, in order to prevent leaking methane gas into the atmosphere and to return valuable nutrients to the soil in the form of compost and mulch.

NCRA encourages Fortune to publish follow-up articles on recycling and Zero Waste. As you are aware, many Fortune 500 companies have adopted Zero Waste goals and several have made significant progress towards that goal. When researching future articles on recycling, we encourage Fortune not to rely so heavily on “Big Waste” as a source, and to interview other recyclers, Zero Waste companies, and environmental advocates. I would be happy to serve as a contact for future articles and can also provide references to other experts on this topic.

Sincerely,

Laura McKaughan
President, Northern California Recycling Association (NCRA)
(510) 982-1841
president@ncrarecycles.org

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